The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

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1. 115.385 (3) of the statutes is created to read:

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115.385 (3) For purposes of measuring a school district's performance under 8sub. (1), the department may not include data derived from a virtual charter school 9that is considered to be located in the school district under s. 118.51 (18) if at least 1050 percent of the pupils are attending the virtual charter school under s. 118.51.

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2. 115.415 (3) (a) (intro.) of the statutes is amended to read:

SB76-SSA2,2,121115.415 (3) (a) (intro.) The department shall promulgate by rule an equivalency 2process aligned with the evaluation system established under sub. (2) for a school 3district, a charter school under contract with a school board that is not an 4instrumentality of the school district, or a charter school established under s. 118.40 5(2r) seeking to utilize an alternative process for the evaluation of teacher and 6principal practice. The process under this subsection shall be based on the criteria 7established in the 2011 Interstate Teacher Assessment and Support Consortium and 8the 2008 Interstate School Leaders Licensure Consortium Educational Leadership 9Policy Standards, and a school district, a charter school under contract with a school 10board that is not an instrumentality of the school district, or charter school 11established under s. 118.40 (2r) that uses the process under this subsection shall 12evaluate the performance of teachers in the following domains:

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118.40 (2) (b) A school board may grant a petition that would result in the 16conversion of all of the public schools in the school district to charter schools if all of 17the following apply:.

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4. 118.40 (2) (b) 1. and 2. of the statutes are repealed.

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5. 118.40 (2m) (b) of the statutes is amended to read:

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118.40 (2m) (b) A school board may not enter into a contract under par. (a) that 21would result in the conversion of all of the public schools in the school district to 22charter schools unless the school board complies with sub. (2) (b) 2.

SB76-SSA2,623Section
6. 118.40 (3) (f) of the statutes is created to read:

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118.40 (3) (f) 1. In this paragraph, a person has a proven track record of success 25if, during each of the 2 immediately preceding school years, a person operated a 1charter school in which the total percentage of pupils attending the charter school 2who received a score of advanced or proficient on the state assessments for math and 3reading under ss. 118.30 and 121.02 (1) (r), or on an alternate assessment for math 4or reading under an individualized education program, in all tested grades is at least 510 percentage points greater than the total percentage of pupils attending public 6schools operated by the school board that governs the school district in which the 7charter school is located who received the same scores on the same assessments in 8the same grades.

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2. Subject to subd. 4., an entity under sub. (2r) (b) 1. a., b., or d. that has 10contracted with a person to operate a charter school shall, upon receiving a letter of 11intent under subd. 3. from the person, amend the existing contract or enter into a new 12contract with the person to authorize the person to operate one or more additional 13charter schools if the person has a proven track record of success for each charter 14school the person operates in this state.

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3. To operate an additional charter school under subd. 2., a person must submit 16to the entity under sub. (2r) (b) 1. a., b., or d. a letter of intent that includes all of the 17following:

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a. The date on which instruction will begin at each additional charter school.

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b. The general location of each additional charter school.

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c. A description of any potential facility that may be used by each additional 21charter school, including the approximate number of pupils that each facility may 22safely accommodate.

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d. Evidence demonstrating that the person has a proven track record of success 24for each charter school the person operates in this state.

SB76-SSA2,4,314. An entity under sub. (2r) (b) 1. a., b., or d. shall authorize a person to operate 2no more than 2 additional charter schools per school year under this paragraph, 3unless the parties agree to more than 2.

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5. An additional charter school authorized under this paragraph is not a 5satellite or subsidiary campus of the charter school for which the operator 6demonstrated a proven track record of success under subd. 2. and is considered an 7individual school for funding purposes.

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118.40 (6)Program voluntary. No pupil may be required to attend a charter 10school without his or her approval, if the pupil is an adult, or the approval of his or 11her parents or legal guardian, if the pupil is a minor, unless the pupil resides in a 12school district in which all of the public schools have been converted to charter 13schools under sub. (2) (b) or (2m) (b).

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(1) Charter schools contracts. The creation of section 118.40 (3) (f) of the 16statutes first applies to a contract for the establishment of a charter school that is 17entered into, modified, or renewed on the effective date of this subsection.